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(영문) 창원지방법원 2019.09.24 2019가단106111
공유물분할
Text

1. At the same time, the Defendant received KRW 94,773,285 from the Plaintiff A, and at the same time, entered in the separate sheet to the Plaintiff A.

Reasons

1. Facts of recognition;

A. Entry in the attached list;

1. The Plaintiff A and the Defendant share 1. Real estate listed in the separate sheet (hereinafter “real estate No. 1 of this case”) with the respective shares of Plaintiff A8/100 and Defendant 142/100.

B. Attached List

2. Real estate (hereinafter “real estate No. 2”) is jointly owned by Plaintiff A 787/1500, Plaintiff B 500/1500, and Defendant 213/1500 in their respective shares.

【Ground of recognition】 The non-contentious facts, Gap evidence Nos. 1 and 2-1 and 2-2, the purport of the whole pleadings

2. Co-owners who have created the right to claim partition of co-owned property may claim partition of the co-owned property (main sentence of Article 268 (1) of the Civil Act), and co-owners may request partition to the court, if the consultation as to the method of partition of the co-owned property

(Article 269(1) of the Civil Act. Accordingly, the Plaintiffs, co-owners, may file a claim against the Defendant, who is another co-owner, for the partition of the instant No. 1 and 2 real estate.

3. Co-owned property partition method 1) In principle, it is possible to divide it in kind as far as the price can be reasonably divided according to each co-owner’s share. However, even if it is impossible in kind, if it is possible in kind, the so-called price division should be made by ordering the auction of the co-owned property to divide the price in kind. In the payment division, the requirement is not physically strict interpretation, but should include cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, use situation, commercial value after the division, etc. of the co-owner’s share (see, e.g., Supreme Court Decisions 92Da30603, Jan. 19, 1993; 2002Da4580, Apr. 12, 2002). In addition, in consideration of co-owner’s share ratio, current status of the co-owner’s share, etc., the whole auction is difficult.

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